SANJIV ARORA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The appellant has preferred this Letters Patent Appeal against the order passed by the learned single Judge on a revision preferred by the appellant. The appellant was the claimant before the Motor Accident Claims Tribunal, Shivpuri. The learned Tribunal had allowed him compensation to the tune of Rs. 31,033/- and the claimant had filed execution for recovery of the amount. Against the award, the Insurance Company had preferred an appeal after depositing 50% of the awarded amount which was withdrawn by the claimant/appellant.

(2.) The learned single Judge in the Misc. Appeal of the Insurance Company held that the liability of the Insurance Company was limited to pay only Rs. 6,000/-. After the decision of the Misc. Appeal of the Insurance Company, an application was filed by the Company, in the execution proceedings that its liability to pay having been determined by the High Court only up to the extent of Rs. 6,000/-, it was entitled to the refund of balance amount withdrawn by the claimant. The learned executing Court directed the claimant to deposit the excess amount, which was required to be refunded to the Insurance Company. On the non-compliance of the direction, the executing Court directed the attachment of the appellant's property. The learned executing Court also subject the prayer of the appellant for the impleadment of two more persons as non-applicants.

(3.) The claimant/appellant had thereafter preferred a revision petition, which was heard and dismissed summarily by the learned single Bench as it was found that the initial order directing the appellant to deposit the amount, passed on 8-8-95 was not challenged and was allowed to become final. Therefore, the contention in that regard was held to be without merit. As the claimant had also not deposited the ordered amount, the impugned order of attachment was passed, which is only consequential to the original order, which was allowed to become final and could, therefore, not be attacked now.